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Overview

Anderson Kill is different. Anderson Kill's Insurance Recovery attorneys represent policyholders in disputes with insurance companies. Anderson Kill has had enormous success in obtaining insurance coverage for policyholders in connection with environmental and toxic tort liability, class actions, governmental investigations and prosecutions, products liability, professional liability and disability, intellectual property claims, directors' and officers' liability, commercial crime insurance, property losses, business interruption losses and many other types of insurance in trial verdicts. Their clients include the nation's largest corporate and industrial policyholders as well as utilities, municipalities, state governments, charities, major religious and not-for-profit organizations, small companies and individuals.

Anderson Kill attorneys are recognized as the most prominent insurance coverage lawyers in the country. The New York Times has described Anderson Kill as "a leader in representing big corporations and individuals against insurance companies."

The Wall Street Journal has described Anderson Kill and its insurance coverage practice as combining "corporate polish with the pugnacity" of a plaintiff's firm.

Anderson Kill lawyers have written hundreds of articles on innumerable insurance coverage issues. Many of these articles have been quoted in court opinions as support for pro-policyholder rulings.

Insurance Recovery Resources

Anderson Kill provides each client with a computerized bank of insurance company materials, advertisements, and discovery, not possessed by any of our competitors to the best of our knowledge. Created over more than 25 years of insurance coverage litigation, this computerized bank literally can, and often does, mean the difference between winning and losing.

Insurance company promises to policyholders are reflected in public and internal insurance industry documents. Anderson Kill has devoted substantial firm resources to collecting those public and private documents (including drafting history, regulatory history, briefs and depositions). Anderson Kill uses this powerful ammunition for the benefit of policyholder clients.

Anderson Kill has briefed most insurance coverage issues in almost every jurisdiction in this country. Those briefs also are maintained on computer databases. The system allows automated retrieval of documents with great speed and efficiency, and the library and databases are linked to optically stored collections of documents. This unique resource for policyholder clients enables the firm to more effectively brief issues and engage in discovery against major insurance company adversaries. Anderson Kill clients derive major benefits from this cumulative experience because the firm does not have to "reinvent the wheel" in order to litigate insurance coverage matters.

Anderson Kill's insurance and litigation resources have been consistently recognized by Chambers USA. Anderson Kill's resources provide clients with a unique and strategic advantage over other law firms. Anderson Kill trumpets the insurance industry's own admissions and uses those admissions to the advantage of clients.

Anderson Kill's approach to insurance and litigation is different. The firm's clients benefit from that difference at the time of settlement or judgment. Anderson Kill has obtained more insurance coverage dollars in trial verdicts than any other firm in the country.

Ask The Insurance Industry About Anderson Kill

Anderson Kill has been referred to time and again as the leading policyholder insurance coverage law firm in the United States.

"Insurance company assassin(s)." - Houston Casualty Insurance Company

"The most celebrated counsel representing insureds." - The Insurance Environmental Litigation Association (IELA), whose members include virtually all of the prominent insurance companies.

"Most feared." - Counsel for Harbor and Pacific Insurance Companies.

"Sophisticated insurance coverage counsel." - Counsel for National Union Fire Insurance Company. (AIG)

"A premier national policyholder insurance coverage firm." - Counsel for Hartford Accident and Indemnity Company, First State Insurance Company, and Twin Cities Fire Insurance Company.

"The number one plaintiffs' firm for bad faith litigation." - Counsel for Royal Insurance Company.

"One of the leading advocates for insureds in insurance coverage disputes." - Counsel for Western Assurance Company.

Insurance Coverage Conflicts Counsel

Anderson Kill attorneys have extensive experience working with in-house counsel and defense counsel in insurance related claims. Anderson Kill has been providing "conflicts counsel" in situations where an insured faces an insurance coverage issue in a securities, class action or product liability case. Often, the policyholder's defense counsel finds it difficult or impossible to both conduct the defense of the liability claim, and resolve the coverage issue with the insurance company. Anderson Kill provides very discreet, knowledgeable and results-oriented insurance "conflicts counsel" to resolve the insurance coverage issue without distracting or compromising the defense counsel. The process works and fills a real need.

If you have a need to provide a referral to a firm whose first aim is the presentation of policyholders, Anderson Kill is the leading firm in the area.

RecoveryMAX® Insurance Recovery Database

The RecoveryMAX® Insurance Recovery Database is designed to offer policyholders the ability to store, organize and make sense of their current and historic liability insurance policies. The RecoveryMAX® Insurance Recovery Database is custom-tailored for each client and contains information from multiple lines of insurance policies to help policyholders in recovering from insurance companies for long-tail liability claims. RecoveryMAX links to insurance policy images and contains insurance policy information regarding, for example, limits, exclusions, deductibles, policyholders and retrospective premiums -- all of which are analyzed from a legal perspective to facilitate and expedite maximum recovery of insurance proceeds.

For more information please contact Marshall Gilinsky at (212) 278-1513 or at mgilinsky@andersonkill.com.

Captive Insurance

Anderson Kill’s attorneys have decades of experience in the organization and operation of captive insurance companies, whether included within a controlled corporate group or owned by and serving otherwise unaffiliated entities. We have advised on a variety of legal, structural, and regulatory issues that arise in the formation of captives. We assist in transforming a client’s financial risk into insurance financial risk transfer through the formation of a captive. We advise on fronted, direct and reinsurance structures and review capital deployment strategies and deal with various captive types and structures.

Anderson Kill stands alone among other law firms in its ability to provide conflicts-free advice to policyholder-owned captives, given the firm’s longstanding commitment to representing only policyholders and not insurance companies.

The team is headed by Marshall Gilinsnky, who handles the insurance litigation issues and Andrew Walsh, who is responsible for corporate issues.

Our captive insurance services are comprehensive and include handling:
  • Risk distribution and risk-shifting analyses;
  • Captive formation for property and casualty coverage;
  • TRIA, earthquake, nuclear and other disaster perils and coverages;
  • Captive corporate governance;
  • Captive insurance company audits;
  • Trust agreements and collateral arrangements;
  • “Cell” captives/planning with respect thereto;
  • Dissolution and winding-down of operations through tax free reorganizations;
  • Liquidations of captives via merger involving IRC Section 965 requirements for one time dividend repatriation;
  • “Stop-loss” group accident and health plan coverage;
  • Disputes against reinsurance companies, fronting insurance companies, and insurance company owned captive managers regarding the handling of claims, disbursements, collateral, reserves and terminations or relationships.

Unlike other firms, Anderson Kill’s practitioners approach captive formation and advice from a policyholder’s perspective. Anderson Kill is the premier policyholder's law firm and our attorneys also have practice and industry experience in domestic and international taxation, insurance coverage, corporate and securities law. Anderson Kill is familiar with registration requirements, industry landscape, operational costs and other crucial factors in the ten or so domiciles in which captives operate, so our clients can make informed decisions and enjoy a smooth transition in the formation and operation of a captive. We understand that companies launch captives for a variety of reasons, so we deliver legal advice based on the needs and business objectives of our clients.

In conjunction with other consultants such as actuaries and CPAs, we assess our clients’ business and legal objectives, historical loss experience, the commercial market availability, capitalization requirements, corporate culture, appetite for risk retention and the client’s overall business goals in order to set a course designed to meet the client’s needs. In this regard, we review business plans and feasibility studies against regulatory requirements, funding and governance matters specific to the domicile in which our clients have chosen to operate the captive, all with the goal of optimizing a client’s captive insurance opportunities. Leveraging our experience with financing entities, we are able to structure very effective contractual relationships with both affiliated parties and third parties. We also have experience in advising with respect to reinsurance agreements and reinsurance matters.

When captives encounter disputes on claims – either with reinsurers, fronting insurance companies or other counterparties – Anderson Kill is able to put its decades of insurance coverage litigation experience to work for our clients. Few law firms have the experience of Anderson Kill in coverage litigation and reinsurance arbitration, or the ability to represent their clients free of insurance industry conflicts of interest. Moreover, no firm can match the extensive database of insurance company briefs, advertisements and other materials compiled since the 1980s by Anderson Kill’s Insurance Litigation Support Services department – materials that frequently expose double-standards employed by the insurance industry when it comes to the handling and payment of claims.

Below is a list highlighting some of our previous Captive Insurance related projects:
  • Advised with respect to (i) trust agreements created by an insurer to provide security to the Company and a Cayman “cell” captive for the insurer’s indemnity or reinsurance obligations and (ii) use of “cell” captives generally.
  • Advised with respect to adequacy of risk distribution and risk-shifting as to policies issued by captive to two brother/sister affiliates.
  • Advised with respect to and organized Bermuda captive, within multi-generational estate plan, to provide property and casualty coverage to 12 family-owned construction companies.
  • Advised with respect to a full range of corporate governance issues.
  • Advised with respect to and organized captive to provide terrorism, earthquake, nuclear and other disaster, and excess liability coverages for the DJ group. Advised as to winding-down of operations through tax free reorganization and surrender of license.
  • Advised with respect to liquidation of Bermuda Captive via merger into dormant Vermont captive so as to effect ultimate distribution of Bermuda funds into Dupont group entity in accordance with Section 965 IRC requirements for one time dividend repatriation from a controlled foreign corporation.
  • Worked and advised on collateral trust agreements for existing captive and worked and advised on formation of a TRIA captive.
  • Advised with respect to the addition of “stop-loss” group accident and health plan coverage to lines written by family-owned captive for family-owned business.
  • Advised with respect to and organized captive to provide terrorism, earthquake, nuclear and other disaster, and excess liability coverages for News Corp.
  • Advised international construction company reformation of a captive insurance company to insure a host of liabilities, warranties and certain benefits. Thoroughly reviewed the business circumstances of our client and customized and implemented a captive program that appropriately fit the needs of the tax, compliance, corporate governance and risk factors involved in addition to wealth-transfer issues.
  • Advised upon dispute between SunTrust's captive and its AIG reinsurer and AIG captive manager regarding the handling of disbursements, reserves and termination clauses.
  • Advised with respect to adequacy of risk distribution and risk-shifting where ultimate ownership of multiple nursing homes is by two individuals operating through several holding partnerships.
  • Advised with respect to feasibility of utilization by asbestos liability (victim claims) trusts to provide director and officer liability insurance to trustees and managers of the trusts.
  • Advised and represented Wyndham's captive insurance company regarding reinsurance claims dispute, claims payment issues and depositions of its executives.

insurance recovery